Legal Question in Real Estate Law in Illinois
my mother owns her house but got a reverse mortgage. what form do i fill out to transfer the deed to myself when she dies? is it true that with a land trust i won't have to pay the reverse mortgage back?
2 Answers from Attorneys
It is now too late to do a land trust since your mother has already taken out the reverse mortgage. Transfering the house will cause the reverse mortgage to come due. In order to get the house back when she dies you need to repay the reverse mortgage before you can inherit. Once the loan amount is repaid, I believe, but am not sure, you will have to go through probate.
Everything Ms. Palmer says is accurate. As to "transfer", unless you are a joint tenant with the right of survivorship, or the property is in a "living" trust, or is held in some other entity (like a partnership, corporation or LLC), it needs to go through probate, whether or not there's a will.
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